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Bank Charges - illegal?

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  • dchurch24
    dchurch24 Posts: 1,219 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    As per the closing of the account - I insisted that they close mine at Abbey - I now realise that this was not a good thing to do. All banks are the same - cowboys, IMHO - they all make these charges in an attempt to placate their shareholders who childishly expect year on year growth.

    I say this was not a good thing, because in hindsight (what a wonderful thing that is!) if I still had an account with them and they started this again, then my threats to sue would no doubt be taken far more seriously the next time.
  • dchurch24 wrote:
    Gothicf0rm: Could you post the address of the 'other' forum website too please?

    I'm not allowed to in this forum as I am directly involved.

    There is a solicitor and a barrister in that forum on a regular basis who can answer questions about the DPA and the other legal aspects that I have mentioned.

    Incidently, FYI, my partners case against Abbey is going well - they have just sent a letter offering settlement, which considering the hardship it gave as at the time, we are going to refuse.
    https://www.bankactiongroup.com.
  • Russe11
    Russe11 Posts: 1,198 Forumite
    dchurch24, it seems as you are aiming for the same as myself - to get it to court and get judgement.

    Somthing its seems hard to do.

    An idea was to get them to take you to County court (over somthing as minor as you you can) having to defend yourself, then you issue a summons for a counter claim. This is not somthing I intend on doing, but is it a possibility ?


    with reference to banks taking action against sites, they are quite a few thing they could do(not that I will tell them), but they don't have to do anything to the sites themselves.

    many thanks.
  • digp
    digp Posts: 2,013 Forumite
    1,000 Posts Combo Breaker
    u dont issue a summons - no such thing.

    u file a defence and counterclaim at the same time, usually.
  • Russe11
    Russe11 Posts: 1,198 Forumite
    You may be correct, however you understood my point
  • dchurch24
    dchurch24 Posts: 1,219 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    with reference to banks taking action against sites, they are quite a few thing they could do(not that I will tell them), but they don't have to do anything to the sites themselves.

    I'm curious, could you PM me with more info?
  • System
    System Posts: 178,349 Community Admin
    10,000 Posts Photogenic Name Dropper
    inmypocketnottheirs, thanks for the reply.
    I will send them a final notice letter. :)

    gothicf0rm, thanks for the reply.
    I don't really mind the cases going to court, just want to make sure i have all the facts right and documentation.

    I will keep you all informed on how i get on.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • TPAOY
    TPAOY Posts: 50 Forumite
    Anyone managed to take on the Bank of Scotland and get their charges refunded for the past six years? Seems rather ominous when one of their letters appears on the site http://www.govanlc.com/bankcharges.html (hope I'm allowed to post that link and that it works) as a Scottish legal charity who help in these areas.

    Not sure if HBOS operates in the same way throughout the UK, or if the Bank of Scotland still has some local variances.
  • Murtle
    Murtle Posts: 4,154 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    dchurch24 wrote:

    Not at all, we had a situation where my employer didn't pay up on time for 3 months on the trot, and also didn't pay the correct amount. As, at the time my partner and I had dealings with 4 banks (HFC, Barclays, Abbey(x2) & Smile) each of them didn't receive money on-time, and thus each account incurred these illegal charges, the first month over £600, which of course meant that there was not enough money the following month - I asked Abbey to cancel some DD's, but they didn't. They gave me a £200 overdraft, which I didn't want, which, even those with basic maths skills can see, was not going anywhere to covering even their charges, let alone leaving me with anything to feed my family with. Anyone who thinks that this behaviour is justified, clearly doesn't have any morals. I said it before and I stand by it.

    Surely the action taken should have been against your employer who agreed to pay you the correct amount on time?? not the banks, that you agreed to have the correct amount in the bank to cover all direct debits???
  • djohn2002uk
    djohn2002uk Posts: 2,323 Forumite
    Murtle wrote:
    Surely the action taken should have been against your employer who agreed to pay you the correct amount on time?? not the banks, that you agreed to have the correct amount in the bank to cover all direct debits???

    Some people still will not accept that these charges are illegal irrespective of any reason for going overdrawn.
    And apart from being illegal, it is also immoral the way the banks keep on applying these charges when they know they are illegal.
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